PANGAEA MAGAZINE - General Terms & Conditions

PANGAEA MAGAZINE, a value of PANGAEA MEDIA GmbH, Josefsplatz 6 | 102 , 1010 Vienna (“PANGAEA”) is involved in the sale of advertisements, advertorials and special forms of advertising such as inserts (hereinafter referred to as "advertisements") in PANGAEA's print products (PANGAEA magazine, guides and line extensions), on the online portal, available at www.pangaea-magazine.com, via an app or something similar from PANGAEA, the contractual partner of the buyer of the media service (hereinafter referred to as "customer" or "client").

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When processing advertising sales, only these general terms and conditions apply to customers (hereinafter referred to as “GTC”). The terms and conditions can be called up at any time at https://www.pangaea-magazine.com/general-terms-conditions. In particular, general terms and conditions, terms of use or similar of customers or third parties shall not become part of the contract, regardless of whether they contain terms and conditions that deviate from or supplement these terms and conditions.

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Deviating or supplementary agreements to these terms and conditions must be made in writing.

PANGAEA is entitled to change these terms and conditions at any time without the prior consent of the customer or to adapt them if a legal regulation changes.

§ 2 Order placement and processing

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In addition to these terms and conditions, the currently valid advertising price list is decisive for the order. The advertising price list is available at www.pangaea-magazine.com. PANGAEA reserves the right to refuse advertisement orders - including individual advertisements as part of a deal - at its own discretion. The customer will be informed of the rejection.  

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Advertisement orders are to be processed within one year. In the print area, PANGAEA is free to assign the advertising orders to any issue during this period, unless there is a different written agreement (e-mail is sufficient). The print edition that PANGAEA has envisaged for the respective advertisement is decisive for the cancellation costs, unless there is a different written agreement (e-mail is sufficient).

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The inclusion of advertisements in certain places, in the online area for certain periods of time, can only be guaranteed after a written agreement (e-mail is sufficient) and if the applicable placement surcharge is offset. This also applies to online advertisements.

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The exclusion of competitors can only be agreed on in writing for an advertisement size of 1/1 page for two opposite pages (email is sufficient). Should you wish to exclude competitors from advertisements in the online area, this must be agreed on separately with PANGAEA in writing (e-mail is sufficient). Text advertisements and those that are not immediately recognizable as advertisements due to their design will be identified by PANGAEA as advertising.

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The customer is responsible for the timely delivery of the printing documents, inserts, bound inserts or tip-ons. In the event of late delivery, PANGAEA reserves the right to invoice any costs incurred as a result. The publisher guarantees the usual print quality for the booked title within the scope of the possibilities given by the printing material.

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If the advertisement is illegible, incorrect or incomplete, the customer is entitled to a reduction in payment or a replacement advertisement, but only to the extent that the purpose of the advertisement was impaired. PANGAEA accepts no further liability. If PANGAEA does not immediately recognize defects in the printing documents supplied, if films or other online advertising forms for online media provided are defective or incomplete, and if these defects only become apparent during the printing process and / or provision or the like, the customer has no claims in the event of insufficient printing is obliged to pay.

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PANGAEA assumes no liability for advertisements etc. placed by telephone.

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Proofs will only be delivered upon express request and against reimbursement of the costs incurred. If the customer does not return the proof submitted in good time by the advertising deadline, the approval for printing is deemed to have been granted.

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The obligation to store printing documents ends three months after the last advertisement has appeared.

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Complaints must be reported within eight days of the appearance of the advertisement.

Two correction loops are included in the price for advertorials. The client undertakes to provide PANGAEA only with copyright-free images and photos.

§ 3 Cancellation

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Cancellation print

Cancellation by the client is possible up to the advertising deadline. If the withdrawal takes place after the advertising deadline, or if an order is not fulfilled after the advertising deadline due to circumstances for which the publisher is not responsible, the advertising price is due in full without deduction of the previously granted discounts.

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Cancellation online

If advertisements for a dynamic campaign are canceled up to ten days before the start of the dynamic campaign, there are no cancellation fees. If a cancellation occurs in the ten days before the start of the dynamic campaign, the customer will be charged a 50 percent cancellation fee, after the start of the dynamic campaign 100 percent cancellation fee.

If a fixed campaign is canceled up to 20 days before the start of this campaign, there are no cancellation fees. If a cancellation occurs in the 20 days before the start of the campaign, the customer will be charged 50 percent cancellation fee, after the start of the campaign 100 percent cancellation fee.

A postponement of a fixed or dynamic campaign of more than one month requested by the customer is equivalent to a cancellation.

§ 4 Calculation, payment and duration of the contract

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If the customer does not make an advance payment, the invoice is due within 8 days of receipt minus a 2 percent discount and within 14 days net.

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Under certain circumstances, PANGAEA is entitled to make the appearance of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, even during the term of an advertisement.

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In the event of late payment or deferral, default interest of 12% and any operating costs will be charged. 

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PANGAEA can postpone the execution of the order until payment has been made.

In the event of changes in advertising prices, the new conditions come into effect immediately, even for ongoing orders.

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After the advertisement has appeared, the customer will receive at least two specimen copies free of charge.

§ 5 Final provisions

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Place of performance and exclusive place of jurisdiction is Vienna.

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Only substantive Austrian law is applicable. The application of the UN sales law is excluded.

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In the event of operational disruptions or interventions due to force majeure,  PANGAEA is entitled to full payment for the published advertisements if the orders are fulfilled with 50 percent of the guaranteed print run. Lower services are to be paid at the thousand price in accordance with the calculation requirement.

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The customer is solely responsible for the content, form and legal admissibility of the advertisement, especially including the clarification of copyrights, trademark rights and personal rights. PANGAEA is not obliged to check advertisements for their content, form or legal admissibility. The customer is therefore liable for any legal consequences resulting from a published advertisement (e.g. reply or confiscation). The customer holds PANGAEA completely harmless and harmless in the event of a claim by third parties.

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Advertising agencies and advertising brokers are obliged to adhere to PANGAEA's tariffs in their offers, contracts and invoices with advertisers.

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The client expressly agrees that the data given and obtained in the course of business transactions with PANGAEA may be used and that he may use campaigns by telephone, fax, e-mail, SMS, etc. also in the form of bulk mailings and for (direct) advertising purposes can be contacted by PANGAEA and affiliated companies. This consent may be revoked at any time.

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If a provision of these General Terms and Conditions, a subsequent amendment or addition is invalid or if it becomes invalid, this shall not affect the validity and effectiveness of the remaining provisions of these General Terms and Conditions. In the event of ineffectiveness, invalidity or unenforceability, a provision which comes as close as possible to this provision in terms of its economic result and which is not ineffective, invalid or unenforceable shall apply as agreed between the contracting parties. The concrete economic interest of the contracting parties is to be determined in particular from the void, ineffective or illegal provision.